Council archive · source document
Subdivision Decision Notice · OPW16/0051
Attached to the e-mail OPW16/0051 - Operational Works Application (REC15/0023).
Officer: Wilhelm Koschade
Direct Telephone: 07 53296239
Our Reference: REC15/0023
Your Reference: 15/3983
7 January 2016
D Wood
C/- Max Watterson & Associates
Po Box 639
COOROY QLD 4563
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 7 January 2016, Council decided to approve
the application in full subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: REC15/0023
Street Address: 9 Ravenwood Dr NOOSA HEADS QLD 4567
Real Property Description: Lot 70 RP 217095
Planning Scheme: The Noosa Plan (16 September 2013)
2. DECISION DETAILS
The following type of approval has been issued:
Development Permit to Reconfigure a Lot - 1 Lot into 2 Lots
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
4. ASSESSMENT MANAGER CONDITIONS
Planning
1. Unless otherwise stated, all works required by the conditions of this Decision
Notice must be completed prior to submission of the subdivision plan to Council for
compliance assessment.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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REC15/0023
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
15-3983AI Plan of Proposed Reconfiguration of Lot
NA 23-12-15
70 on RP217095, prepared by Max
Watterson + Associates
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation
of excessive noise, lighting nuisance or other emissions.
ENGINEERING
Stormwater Drainage
5. The existing Council’s stormwater drainage pipeline on the property must be
reconstructed to be centrally located within the proposed 3.0m wide drainage
easement shown on the approved lot reconfiguration plan. The works must be
undertaken in accordance with an Operational Works approval in compliance with
the relevant sections of Queensland Urban Drainage Manual and supported by a
detailed stormwater drainage design prepared and certified by a suitably qualified
and experienced Registered Professional Engineer Queensland (RPEQ). The
works must generally include:
(a) The replacement and upgrade of the entre length of the pipeline between the
upstream sealed connection pit in Ravenwood Drive and the existing
downstream outlet.
(b) The removal of the redundant existing pipeline.
(c) The reconstruction of the existing kerb inlet pit.
(d) Catering for any existing or required stormwater connection/s into the
pipeline.
(e) Any adjustment to existing public service may be necessitated by the
pipeline replacement.
(f) Any road pavement and frontage reinstatement works associated with
proposed stormwater pipeline works.
These stormwater drainage works are “non-trunk infrastructure” for the purposes of
the Sustainable Planning Act 2009.
Easements
6. A stormwater drainage easement 3.0m wide minimum must be created in favor of
Council centrally located over the constructed new stormwater pipeline and
structure/s within the site and generally in accordance with the approved lot
reconfiguration plan.
7. Unless otherwise agreed in writing by the relevant service provider, any public or
third party infrastructure located on the subject site must be placed within an
easement registered against the title of the property and in accordance with the
requirements of the respective service provider.
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REC15/0023
8. All easements must be created and granted at no cost to the Grantee.
9. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Water and Sewer Connections
10. An underground connection to reticulated water and sewerage must be provided to
each lot in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
11. Prior to the endorsement of the Plan of Survey by Council a written confirmation
from Unitywater must be provided to Council to confirm that the proposed lots are
provided with their own separate connection to the sewer system and in
compliance with the requirements of Unitywater.
12. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection
to reticulated water and sewerage has been provided to each lot.
Frontage Reinstatement Works
13. Any redundant driveway must be removed, and the kerb line and the verge area
reinstated and landscaped to match the existing kerb and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and
turf, and must be maintained by the developer until established. The driveway
layback must be saw-cut and removed to allow for a smooth and neat finish with
the adjoining kerb. A Development Permit for Operational shall be required.
14. Prior to the endorsement of the Plan of Survey by Council, any trees within the
road grassed verge that are damaged or removed due to the development works
must be replaced with similar tress or as agreed to by Council.
15. Any badly damaged kerb and/or channel along the frontage of the site must be
repaired to the reasonable satisfaction of Council’s representative.
Electricity and Telecommunication Services
16. Prior to the endorsement of the Plan of Survey by Council a written confirmation
must be provided to Council from the relevant services providers to confirm that
the proposed lots are provided with their own separate connections to the
electricity and telecommunication services and in compliance with the relevant
legislation and guidelines at the time of construction, the development must be
provided with all necessary conduits, pits and pipes to accommodate the future
connection of optic fibre technology telecommunications.
Bonds
17. The applicant is advised that the development works for this permit require
payment of a compliance bond of $5,000 and an on-maintenance bond in
accordance with Council’s policies. The payment of the compliance/performance
bond will be required prior the prestart meeting for the Operation Works.
5. REFERRAL AGENCIES
Nil.
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REC15/0023
6. REFERENCED DOCUMENTS
Not Applicable.
7. ADVISORY NOTES
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an
offence to fail to comply with the duty of care. Substantial monetary penalties may
apply to individuals or corporations breaching this duty of care. Injunctions may
also be issued by the Land and Resources Tribunal, and the Minister administering
the ACH Act can also issue stop orders for an activity that is harming or is likely to
harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
obligations under the ACH Act.
Building and Construction Industry (Portable Long Service Leave) Levy
2. The QLeave levy must be paid prior to the issue of a development permit where it
is required. Council will not be able to issue a Decision Notice without receipt of
details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or
(07) 3212 6855.
Co-ordination of Operational Works Assessment
3. Additional application fees apply to Operational Work applications where the
different aspects of the works are lodged separately. Significant savings in
application fees will result if all works are lodged in a single application.
8. PROPERTY NOTES
Nil.
9. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Operational Works for Stormwater Drainage Works (Realignment of Existing
Stormwater Pipeline and associated reinstatement works) and Frontage Works;
Compliance Certificate for Document (Plan Sealing).
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REC15/0023
11. SELF ASSESSABLE CODES
Not Applicable.
12. SUBMISSIONS
Not Applicable.
13. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
14. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and
make written representations to Council about the conditions contained within the
development approval. If Council agrees or agrees in part with the representations, a
“negotiated decision notice” will be issued. Only one “negotiated decision notice” may
be given. Taking this step will defer your appeal period, which will commence again
from the start the day after you receive a “negotiated decision notice”.
Yours faithfully
Wilhelm Koschade
Development Planner
Enc: Approved Plans/Documents
Appeal Rights
cc Unitywater
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning (4) The appeal must be started within 20 business days
Act 2009 (Chapter 7). (the submitter’s appeal period) after the decision
notice or negotiated decision notice is given to the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter.
LOT & OPERATIONAL WORKS
463 Additional and extended appeal rights for
Division 8 Appeals to court relating to submitters for particular development
development applications and applications
approvals (1) This section applies to a development application to
which chapter 9, part 7 applies.
461 Appeals by applicants (2) A submitter of a properly made submission for the
(1) An applicant for a development application may application may appeal to the court about a referral
appeal to the court against any of the following— agency’s response made by a prescribed
(a) the refusal, or the refusal in part, of the concurrence agency for the application.
development application; (3) However, the submitter may only appeal against a
(b) any condition of a development approval, referral agency’s response to the extent it relates
another matter stated in a development to—
approval and the identification or inclusion of (a) if the prescribed concurrence agency is the
a code under section 242; chief executive (environment)—development for
(c) the decision to give a preliminary approval an aquacultural ERA; or
when a development permit was applied for; (b) if the prescribed concurrence agency is the
(d) the length of a period mentioned in section chief executive (fisheries)—development that
341; is—
(e) a deemed refusal of the development (i) a material change of use of premises for
application. aquaculture; or
(2) An appeal under subsection (1)(a), (b), (c) or (d) (ii) operational work that is the removal,
must be started within 20 business days (the damage or destruction of a marine plant.
applicant’s appeal period) after— (4) Despite section 462(1), the submitter may appeal
(a) if a decision notice or negotiated decision against the following matters for the application even
notice is given—the day the decision notice if the matters relate to code assessment—
or negotiated decision notice is given to the (a) a decision about a matter mentioned in section
applicant; or 462(2) if it is a decision of the chief executive
(b) otherwise—the day a decision notice was (fisheries);
required to be given to the applicant. (b) a referral agency’s response mentioned in
(3) An appeal under subsection (1)(e) may be started subsection (2).
at any time after the last day a decision on the
matter should have been made. 464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its
462 Appeals by submitters—general response for an application, told the assessment
(1) A submitter for a development application may manager to treat the response as a properly made
appeal to the court only against— submission.
(a) the part of the approval relating to the (2) The advice agency may, within the limits of its
assessment manager’s decision about any jurisdiction, appeal to the court about—
part of the application requiring impact (a) any part of the approval relating to the
assessment under section 314; or assessment manager’s decision about any part
(b) the part of the approval relating to the of the application requiring impact assessment
assessment manager’s decision under under section 314; or
section 327. (b) any part of the approval relating to the
(2) To the extent an appeal may be made under assessment manager’s decision under section
subsection (1), the appeal may be against 1 or 327.
more of the following— (3) The appeal must be started within 20 business days
(a) the giving of a development approval; after the day the decision notice or negotiated
(b) any provision of the approval including— decision notice is given to the advice agency as a
(i) a condition of, or lack of condition for, submitter.
the approval; or (4) However, if the advice agency has given the
(ii) the length of a period mentioned in assessment manager a notice under section
section 341 for the approval. 339(1)(b)(ii), the advice agency may not appeal the
(3) However, a submitter may not appeal if the decision.
submitter—
(a) withdraws the submission before the 465 Appeals about decisions relating to extensions
application is decided; or for approvals
(b) has given the assessment manager a notice (1) For a development approval given for a development
under section 339(1)(b)(ii). application, a person to whom a notice is given under
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REC15/0023
section 389, other than a notice for a decision under
section 386(2), may appeal to the court against the
decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
(3) Also, a person who has made a request under
section 383 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
466 Appeals about decisions relating to permissible
changes
(1) For a development approval given for a development
application, the following persons may appeal to the
court against a decision on a request to make a
permissible change to the approval—
(a) if the responsible entity for making the change is
the assessment manager for the application—
(i) the person who made the request; or
(ii) an entity that gave a notice under section
373 or a pre-request response notice
about the request;
(b) if the responsible entity for making the change is
a concurrence agency for the application—the
person who made the request.
(2) The appeal must be started within 20 business days
after the day the person is given notice of the
decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
467 Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency
(1) A person to whom a notice under section 378(9)(b)
giving a decision to change or cancel a condition of a
development approval has been given may appeal to
the court against the decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
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NOOSA COUNCIL
APPROVED PLAN
REC15/0023 6 JAN 2016
Document Set ID: 20006722
Version: 1, Version Date: 07/01/2016 Print Date: 7 January 2016, 2:28 PM
Used in these records
Subdivision Decision Notice.pdfRelated documentApplication case desk ↗
Subdivision Decision Notice.pdfRelated documentApplication case desk ↗
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